Marlboro Twp. couple appeal decision by Stark commissioners

Two property owners in Marlboro Township are at odds with one another over about one tenth of an acre that makes up a portion of a 14-foot unnamed alley.

Cathy Pontius and Richard Rodabaugh petitioned the county in January to have the alley vacated. However, on May 7, the three-member board of commissioners denied the petitioners' request.

Now, the two have given the board notice of their intent to appeal the decision.

When questioned about the matter during the regular commissioners meeting on Wednesday, Commissioners Tom Berbabei and Janet Weir Creighton reported there were two reasons for denying the petition.

The first was based on a recommendation by the Regional Planning Commission, which had provided memorandums on the petition to the board, along with the Engineer's Office, the Metropolitan Sewer District, and the Prosecutor's Office.

Bernabei said the RPC thought the petition should be denied because the vacation of the alley would create two-to-three landlocked parcels with no public road access to either one.

The second reason is due to the fact that the vacation of another alley, named Foxvale, was very unclear.

The vacation of Foxvale, handled in 1913, appears to be the cause of the potential landlocked situation, but there is uncertainty as to whether that vacation was handled properly.

Bernabei said while the alley in question was platted for access, the road was never constructed, and the land is currently part of a grassy landscape.

County Administrator Brant Luther said the vacation of the alley in question would leave one parcel without any frontage on any road, making it completely landlocked and unsalable. That is why the RPC recommended denial.

Stark County Assistant Prosecutor Debbie Dawson told the board according to state law, the petitioners must notify the county of their intent to appeal the decision and must also pay a $1,000 bond as security for all costs made on the appeal if the appellant is unsuccessful. Both of which the couple have done, she noted.

The board was given no information as to why the petitioners wish to have the alley vacated, according to Bernabei.

The other party involved, Carlile Properties Ltd., issued a statement to the commissioners through their attorney to say while they initially had no objection to the vacation petition, the testimony provided through the hearings on the matter and further review of the circumstances and documentation, including the recommendation by the RPC stating the vacation would leave the Carlile's property landlocked, has caused the party to object.

"The Prosecutor's Office recommended us to direct the parties to take this before the Common Pleas Court," said Bernabei. Creighton added this is definitely something the court must sort out, especially since the vacation of Foxvale is uncertain.